Legal Question in Real Estate Law in California

Re: small claims

The statute of limitations on a written contract is 4 years and 2 years on an oral contract from the date of the breach.

Re: small claims

The statute of limitations on written contracts and written leases provide that suit must be brought within four years of the breach of contract (Code of Civil Procedure section 337) or four years of the breach of the contract and abandonment of the property (CCP section 337.2).

If you are the prospective plaintiff, CCP 337.2 is somewhat more favorable to you, if it fits the facts. You should read each of them carefully (on line or at a library) and if you are close to the deadline either file and serve your small-claims suit or retain an attorney to initiate a suit in regular court as soon as possible.

Keep in mind that interpreting the statute of limitations is somewhat technical, especially as to when it starts to run, factors that can toll (interrupt) its running, and what legal action is sufficient to beat the statutory deadline.